WeaveScope Website General Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE.
You are currently viewing a page of the weavescope.com website (“Site”) belonging to WeaveScope (“WeaveScope”). These General Terms of Use (“Terms of Use”) govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site (“Services”). “You” and “your” refer to any person who accesses or uses the Site or Services.
WeaveScope reserves the right to modify these Terms of Use at any time without notice. Any change to these Terms of Use will be effective upon posting of such updated Terms of Use on the Site. The most current version of the Terms of Use will be available to you by clicking the link at the bottom of the Site. By continuing to access or use the Services after the date of any change to these Terms of Use, you agree to be bound by such terms contained in the most recent version of these Terms of Use. WeaveScope reserves the right to modify or terminate the Services or to terminate your access to the Site, in whole or in part, at any time.
License and Site Access.
We grant you a limited license to access and make personal use of the Site. No other rights are granted. Your right to use any apps may be subject to a separate license agreement. You may not copy, display, distribute, transmit, transfer, link to, reproduce, license, frame, alter, create derivative works of, reverse engineer, or republish all or any portion of the Site for any commercial or public purpose without WeaveScope’s prior written consent. You may, however, view information available on the Site for your informational purposes.
All trademarks, service marks, trade names, trade dress and related intellectual property rights in the Services are proprietary to WeaveScope or our licensors or licensees. You may not use, reproduce or display any of the WeaveScope trademarks except upon WeaveScope’s prior written consent.
The Site and its entire contents, features, and functionality (including but not limited to all web pages, user interfaces, information, design, software, source code, text, displays, graphics, images, and the design, selection, and arrangement thereof) are owned, controlled, or licensed by WeaveScope, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The following things are all prohibited: (a) resale or transfer or commercial use of the Site or its contents, (b) any derivative use of this Site or its contents, or (c) any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store, distribute, transmit, display, reproduce, modify, create derivative works from, or sell or otherwise exploit, any of the content on this Site for any commercial purpose. By using the Site, you warrant that you will not use the Site, or any of the content obtained from the Site, for any unlawful or prohibited purpose. We do not grant any license or other authorization to any trademarks, service marks, copyrightable material, or other intellectual property, whether or not registered or identified as such. You may not remove or modify any copyright or proprietary notices. If you violate any of these Terms of Use, your permission to use the Site automatically terminates.
Your use of the Services, including the Site, imposes on you an obligation of appropriate use and conduct, which includes, but is not limited to any of the following:
Restrict or inhibit any other user from using and enjoying the Site.
Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation content that promotes or would result in criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations. You will not post or transmit any content that would impersonate someone else or falsely represent your identity or qualifications, or that would cause a breach of any individual's privacy.
Post or transmit any advertisements, solicitations, chain letters, investment opportunities, other schemes, or any unsolicited commercial communication. You agree not to engage in spamming or flooding.
Post or transmit any information or software which contains a virus, Trojan horse, worm or other harmful component.
Post, publish, transmit, reproduce, distribute, or in any way exploit (a) any information, software or other material obtained through the Site for commercial purposes, or (b) any information, software, or other material which is protected by copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
You may use the Services, including the Site, only for lawful purposes and you agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation.
Electronic Communications.
When you visit the Site or send us email, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that a communication be in writing.
Site Monitoring.
We have no obligation to monitor the Site. However, you acknowledge and agree that we have the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request; to operate the Site or Services properly; or to protect us or our subscribers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion are unacceptable, undesirable, inappropriate, or in violation of these Terms of Use.
Links to Third Party Sites or Content
The Site may contain links to websites controlled or offered by third parties (non-affiliates of WeaveScope). WeaveScope hereby disclaims all liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, services, products, or recommendations provided by the linked site providers are those of the providers and not of WeaveScope. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.
Privacy
Your use of the Site or Services is subject to the applicable privacy-related policies and notices of WeaveScope. To the extent permitted by applicable law, by accessing or using the Site or Services, you understand and agree that WeaveScope may collect and retain personal or other information about you or the device you use to access the Site or Services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify WeaveScope immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by WeaveScope or any other user of or visitor to the Site due to someone else using your user ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s user ID, password or account at any time without the express permission and consent of the holder of that user ID, password or account. WeaveScope cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Disclaimer and Limitation of Liability
THE SERVICES, INCLUDING THE SITE (INCLUDING ALL CONTENT, FUNCTIONALITY, AND MATERIALS), ARE OFFERED BY CAUDENA ON AN “AS IS,” “AS AVAILABLE,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND—WHETHER EXPRESS, IMPLIED, OR STATUTORY—INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
YOU ACKNOWLEDGE THAT NEITHER CAUDENA, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY PROVIDERS, OR LICENSORS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SERVICES. CAUDENA DOES NOT ENDORSE PRODUCTS OR SERVICES APPEARING ON LINKED SITES OR PURCHASED VIA LINKED SITES.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CAUDENA BE RESPONSIBLE FOR ANY LOSS OF ANY KIND, INCLUDING LOSS ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM, PROPERTY DAMAGE, AND BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL CAUDENA BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, LOST PROFITS, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE (OR INABILITY TO USE) OF THE SERVICES, THE SITE, ANY ONLINE SERVICES OR ANY INTERNET BROWSER SOFTWARE AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Indemnification
You agree to defend, indemnify, and hold harmless WeaveScope (and all of its direct and indirect affiliates) and each of their respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys’ fees, arising out of, relating to, or resulting from your violation of these Terms of Use or misuse of the Service or the Site, including such violation or misuses conducted by your employee or agent.
Enforceability and Governing Law
These Terms of Use constitute a contract between you and WeaveScope governed by the laws of the state of New York (United States of America), with the exception of its conflicts of laws provisions. In the event any of the terms or provisions of these Terms of Use shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision. These Terms of Use shall be subject to any other agreements you have entered into with WeaveScope.
The Site is hosted in the European Union. If you are accessing this Site from outside the European Union, you may be subjecting yourself to applicable law in European Union countries, which may differ from your local laws, including laws that govern personal data collection, use, and disclosure. In your use of this Site or Service, you may transfer certain personal information to the United States or to other locations outside of the European Union. To the extent permitted by applicable law, your use of the Site or Service shall constitute your consent to the transfer of personal information to the United States or to other locations outside of the European Union. These Terms of Use are governed by United States law.
Miscellaneous
You agree and understand that effective use of the Site will require your browser to use software plug-ins and modules, including, without limitation, JavaScript, in order to correctly display content and utilize features on the Site.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and WeaveScope with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and WeaveScope with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with WeaveScope, WeaveScope will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. WeaveScope’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by WeaveScope of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between WeaveScope and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Violation of These Terms of Use
WeaveScope may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) WeaveScope’s rights or property, or the rights or property of visitors to or users of the Site, including WeaveScope’s customers. WeaveScope reserves the right at all times to disclose any information that WeaveScope deems necessary to comply with any applicable law, regulation, legal process or governmental request. WeaveScope also may disclose your information when WeaveScope determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that WeaveScope may preserve any transmittal or communication by you with WeaveScope through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or WeaveScope determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of WeaveScope, its employees, users of or visitors to the Site, and the public.
You agree that WeaveScope may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to WeaveScope, for which monetary damages would be inadequate, and you consent to WeaveScope obtaining any injunctive or equitable relief that WeaveScope deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies WeaveScope may have at law or in equity.
You agree that WeaveScope may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If WeaveScope does take any legal action against you as a result of your violation of these Terms of Use, WeaveScope will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to WeaveScope. You agree that WeaveScope will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.